Trucking accidents can be severe. To prove a successful claim against a trucking company, proper evidence is needed to establish negligence. There are various types of evidence that a jury will often look for, ranging from documentation to human corroboration. Strong evidence not only strengthens a case but also allows for maximum recovery against the liable party.
Key Pieces of Evidence in a New York Trucking Accident
In order to convince the judge and jury that the case is in your favor, strong evidence is needed to support your claim in a New York trucking accident. Here are some examples that are often looked for in these types of cases:
- Driver Logs: Driver fatigue is a leading cause of truck accidents. Under 49 CFR § 395, there are federal regulations that drivers must abide by to be in compliance with hours of service regulations. These logs can indicate whether these regulations were violated.
- Electronic Control Module: The electronic control module, also known as the ECM, is what is commonly referred to as the black box. This device records data, such as the speed, braking, and steering at the time of the crash.
- Surveillance Footage: Any available video evidence, such as from dash cams or nearby business security cameras, can show visual details of the accident.
- Inspection Records: Details as to the condition of the vehicle, such as failed brakes or tires, can be proven using routing inspection records.
- Employment Records: Improper training that directly led to the accident can be a key component of evidence if trying to assert vicarious liability.
- Expert Testimony: Established experts can provide evidence that is more scientific or industry-standard, which can be crucial in providing certain facts that a layperson would be unable to establish.
- Witness Statements: Witness testimony taken during deposition, such as from other passengers or drivers, can help confirm whether there was any unusual behavior by the truck drivers.
Evidence to Establish Vicarious Liability in New York Trucking Accidents
Vicarious liability is a legal principle that can hold trucking companies liable for the actions of those who operate their vehicles, whether they are employees or independent contractors. In New York, this is set out by the common law theory of respondeat superior and under New York Vehicle and Traffic Law (VTL) § 388.
Under these theories, if a trucking company owns a vehicle and an accident occurs as a result of the driver’s negligence, the company itself can be held liable for the accident. This can be important to a victim’s case as the trucking company will often have more funds available than the individual trucker.
Important evidence to establish vicarious liability includes proving that the truck driver had permission, express or implied, to operate the vehicle, or, if they were an employee, that they were acting within the scope of employment. This includes payroll records, training manuals, employment contracts, company policies, and records of onboarding. Driver logs and dispatch records can demonstrate whether the driver was on the job at the time of the accident. The hiring process can be implicated if the driver is not qualified, such as background checks, training certificates, and driver test results.
Contact an Attorney Today To Help Build a Strong Case
An experienced New York trucking accident attorney will gather the evidence needed to make a strong case. At Towey Law, PLLC, we will help you prove that you are eligible for just compensation. Call us today for your free consultation at (716) 300-8232, and let us start your path to getting what you deserve.